PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-00721

KHALIF SWANSON, PLAINTIFF-APPELLANT, V DARYL HUNTER, GALE HUNTER, AND PEGGY LATIMORE, DEFENDANTS-RESPONDENTS.

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered August 21, 2018, for poor person relief, and for assignment of counsel,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal on the condition that the appeal is perfected on or before August 23, 2019, and

It is further ORDERED that the motion is granted insofar as it seeks permission to proceed as a poor person, and

It is further ORDERED that the Clerk of the County of Monroe provide appellant with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Monroe in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and

It is further ORDERED that the motion is denied insofar as it seeks assignment of counsel.

Memorandum: Assignment of counsel is not available.

Entered: June 24, 2019

Mark W. Bennett

Clerk of the Court